Fosselman's, Inc. v. City of Alhambra

Plaintiffs, a corporation and three individuals, appeal from judgment entered in favor of defendants City of Alhambra and Alhambra Redevelopment Agency in an action challenging the validity of an amendment to a redevelopment plan adopted by defendants.

Facts

Pursuant to the provisions of the Community Redevelopment Law (Health & Saf. Code, § 33000 et seq.), on July 15, 1981, the Alhambra City Coun cil adopted an ordinance which amended the city’s industrial redevelopment plan to include additional property within the area of the redevelopment project. On September 8, 1981, plaintiffs, as taxpayers and property owners in the City of Alhambra and the County of Los Angeles, commenced an action (No. C-381390) against the city and its redevelopment agency to invalidate the amendment. (§ 33501; Code Civ. Proc., § 860 et seq.) The complaint included the following allegations: Under section 33367 an ordinance adopting a redevelopment plan is required to contain a finding that the project area covered by the plan is blighted; the project area in question is in fact not predominated by blight within the meaning of section 33030 et seq. and defendants abused their discretion in…